Understanding Alternative Dispute Resolution

This assignment delves into the concept of Alternative Dispute Resolution (ADR), examining its various methods, advantages, and disadvantages. It analyzes the relationship between law and morality within the context of ADR, discussing how ethical considerations influence dispute resolution processes. The assignment also considers the application of ADR in consumer disputes and workplaces, highlighting its effectiveness in achieving fair and amicable settlements.

Describe the various
methods of alternative
dispute resolution

TABLE OF CONTENTS
“Topic : Various methods of alternative dispute resolution”...........................................................3
INTRODUCTION...........................................................................................................................3
Main Body ......................................................................................................................................3
CONCLUSION ...............................................................................................................................8
REFERENCES..............................................................................................................................10

“Topic : Various methods of alternative dispute resolution”
INTRODUCTION
Law is analysed as system of rules that society or government develops in order to deal
with the crimes, business agreements and social relationships. It is also analysed as legal system
of rules that spells out what type of behaviours needs to be forbidden and penalties for
ventilating those rules. Different between morality and laws have been determined by laws
which are covered in this report. In order to understand the concept of various role that plays an
important role in society and business activities. This essay will provide understanding about the
concept, importance and various methods of Alternative dispute resolution is analysed as
effective procedure that is evolved for settling various disputes without litigation, such as
arbitration. Classification these resolution methods have been accomplished by providing various
case examples. Further, application of these alternative resolution methods in context to common
law, civil law and common law have also been discussed with an aim of getting professional
understanding about problems.
Main Body
Alternative dispute resolution is identified as legal procedure that used for setting
disputes without litigation such as arbitration, mediation or the negotiation. These are analysed
as effective disputes resolution methods that is used by people to resolve the problems without
filing any type of litigation in court. There are various sources of laws in English legal system
such as high court, parliament, judiciary and supreme court etc. These parties have the power to
formulate laws by considering its requirement and analysis of benefits. According to English
law, Alternative dispute resolution is effective framework that also involves a procedure and
rules that needs to be followed by parties while resolution of disputes 1. It is also analysed as
traditional methods used for solving the disputes between the parties. Law has also provided
understanding that organizations whether at small scale or large scale enterprise use this
procedure to resolve disputes because it is identified as easier from filing ligation in court. They
are usually being utilized in disputes that otherwise results in litigation including the high profile
1 Alternative dispute resolution, 2015. [Online]. Available
through:<https://www.lawgazette.co.uk/legal-updates/alternative-dispute-resolution/
5047122.article>

labour disputes, divorce actions and personal injury. Common law is also analysed as that body
of law which is derived from the judicial decisions that have been taken by courts and similar
tribunals. In cases where the parties disagree with the law, then a common law courts looks to
past presidential decisions of relevant judiciary or courts and it also synthesizes the principles of
those past cases as applicable to the court of law. Criminal laws are the acts and regulations
which are formulated by various courts and tribunals in English legal system to deal with the
criminal cases . Civil law is the common legal system originated in Europe, intellectualized in
the framework of law, the main feature of which is that it core principles are codified in to a
referable system that serves as the primary systems of law 2. Moreover, ADR has also become
important and popular within some quarter, in particular amongst the lawyers and mediation
service providers, to regards conciliation, negotiation and the mediation alone as ADR.
Moreover, for these type of people negotiated settlement is an important alternative for having a
dispute which is brought to an end by third party such as adjudicator, arbitrator and judgement. It
is part of business law that is essential to resolve the minor cases between customers and
organization or between parties to contract.
Moreover, narrow definition ignore the important voluntary aspects of the private
settlement and the important role which is played in all the forms of alternative dispute
resolution processed by the experts and professional which are considered as outside the legal
profession. These methods also plays an important role in resolution of disputes in society as
they have their major importance in resolution of disputes in society because it provided
alternative through which parties can settle their disputes related to marriage, divorce
applications and other etc. Filing litigation for the Judgement of court is very time consuming
process and sometime courts takes a longer time providing their judgements. However, it is also
waste the time of parties to contract 3. In order to resolve these problems, ADR process is evoved
2 Relationship and Difference between Law and Morality, 2017. [Online]. Available
through:<http://www.politicalsciencenotes.com/articles/relationship-and-difference-between-
law-and-morality/290>
3 UK: Individual disputes at the workplace – alternative disputes resolution, 2010
[Online]. Available
through:<https://www.eurofound.europa.eu/observatories/eurwork/comparative-information/

by government so that minor conflicts and disputes can be resolved. It often involves third party
intervention in the case.
As it was analysed the litigation does not always lead to a satisfactory results and it is
expensive in terms of money and time duration. Moreover, A case won or lost in the court of law
does not change the mindset of parties who continues to be adversaries and go on fightings in
appeals after appeal. Alternative disputes resolution tends to change mental approach of the
parties. When the families or organization arrives to court, they know that they shall win or loose
all whereas when they adopt the method of ADR or the informal settlement, they will have
understanding that they may not get what they want, but they will not lose everything. The main
methods of ADR for solving conflicts are negotiation, mediation, conciliation and Arbitration.
Further, these methods are applied in various type of cases that relates to statutory, common and
civil laws. Conciliation is mainly held or considered to be a constructive approach to the
conflicts which is justiciable in nature4. Moreover, a mediator is undertaken as an individual
which is accepted by the parties themselves. It plays an important role in helping the parties to
arrive at negotiated settlement for solving their conflicts. On the other hand, conciliation himself
has the power to draw up various terms of agreements for the settlement after having the detailed
discussion. As per law, conciliation between parties generally made through conciliator or
committee that is appointed by courts. In organisation, employers always use the method of
conciliation to resolve their dispute with the employees and their representatives. In this method,
every party is invited to the conciliation conference in order to place their before conciliation
officer who take notes and gets clarified on the complicates issues. Moreover, the conciliator
after the conclusion of the conference will talk to every party individually and analyse the
bottom line which is the figure at which each party will be prepared to settle the disputes.
Mediation is also important procedure that is used for resolution of dispute between the
parties within society and business enterprise. Subsequent and simple procedure of getting
possible solution as it involves the parties to select an independent individual which is analysed
national-contributions/united-kingdom/uk-individual-disputes-at-the-workplace-alternative-
disputes-resolution>
4 Alternative Dispute Resolution Procedure (ADR), 2010. [Online]. Available
through:<https://www.allaboutlaw.co.uk/stage/areas-of-law/alternative-dispute-resolution>

as Mediator. However, it is more informal than the process of Arbitration as the disputants
never have to meet because the mediator work between them and communicate each of their
opinions. If the parties in contract have agreed to meet each other than the presence of mediator
in parties are required. It is not applied in the criminal law cases but it is effective for statutory
and common law cases. As it was found by parliament in 2015 that 62% of cases are effectively
completed by the use of mediation without being referred to the court. Further, also identified
that mediation was existing to be successful in dealing with the vast majority of various cases
ranging from divorce to the person injury.
In divorce cases, mainly the utilization of mediation was strengthened by supreme court
as per the family law act 1996. There are various reason behind this, that why this process has
been used. At initial stages, it will be arranged in the matters of various hours and decreasing the
expenditure that occurs through resources. Further, litigation filed by disputants tends to raise
privacy issues where the mediation is identified as confidential. In large scale business
enterprises, human resource manager always face difficulties in resolving disputes and fulfilment
of employees requirements 5. In this, mediator provides his judgement to parties but ultimate
decision making will always be taken by parties. However, suggestion provided by mediator is
not bind for the parties to be undertaken.
Mediation provide them support to get information about the needs and requirements of
parties to contract. For example: In British Airways, it was identified that workers are having
problem related to their salary and welfare facilities at workplace. For this reason, they have
created strict against management and stopped working 6. In this case, management and HR
have decided to apply the case of mediation, a person was appointed by workers or parties to
negotiate the terms of employment and mediator has analysed the points of both the parties.
After that, Mediator has provided suggestion that company needs to increase the salaries of
employees but employee also needs to perform in working hours which are decided by
5 Alternative Dispute Resolution Methods, 2015. [Online]. Available
through:<https://www.inbrief.co.uk/preparing-for-trial/alternative-dispute-resolution-methods/>
6 Alternative dispute resolution, 2017. [Online]. Available
through:<https://hirealawyer.findlaw.com/choosing-the-right-lawyer/alternative-dispute-
resolution.html>

organisation. This compromise between employees and management has provided win-win
situation for both the parties. Thus, it is analysed that process of mediation is simple and aids the
parties in dispute resolution effectively.
In addition to mediation, Arbitration also includes the third party intervention to solve
issues among the parties in society or business. In this, person which is appointed by parties is
termed as Arbitrator who required to formulate an agreement between disputants. The
Arbitration act 1966 was also formed by following the model Arbitration law that was mainly
implemented by Unit nations commission in international trade law. Moreover, this law has
already provided understanding that it aims to achieve the reasonable resolution at the lowest
possible outcomes. Arbitration is also regarded as the final and formal procedures that individual
apply to resolve the disputes. In addition to this, arbitration is regarded as private legal
procedures where the public not gain any access to important information which could at affects
either parties or the arbitrators producing a fair and legal proceedings. There are various parties
that usually promote this procedure for solving issues. These parties are judges, barristers
solicitors and legal executives.
Judges are the judiciary or legal person who posses the discretionary power to resolve the
statutory, criminal, common and civil laws. In different courts such as Magistrate court, high
courts and supreme court etc. there are various cases arrives which are not considered as minor
and can be resolved through arbitration, then Judges will provide suggestion to the parties they
must resolve their disputes through arbitration. In this case, Judges can also have the power to
appoint Arbitrator which is an independent person 7. Further, It was identified that Arbitrator will
be a professional having knowledge and experience of resolving various disputes. In addition to
this, as there are only three individuals involved then the disagreement is resolved much quicker
than compared to various cases that needs to adopt formal and legal proceeding as the
professionals. The procedures of Arbitration have been evolved as better because it entails the
correct and expected outcomes in resolution. Moreover, this provides an understanding to the
person that involves in organisation to achieve various business procedure for achievement of
7 The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and
Information) Regulations, 2015Available
through:<http://www.legislation.gov.uk/uksi/2015/542/contents/made>

success. It enables the people to resolve their problems and aids them in achievement of fair
decisions. For example: in case of premium Nafta products Vs Fili shipping 2007 the house lord
have also commented that if the parties are in a dispute then they can think to be resolve it by
implementing the process of Arbitration. Then it must be apparent that because of its advantage
over the official court proceedings. For establishment of dissimilarity between disputes
arbitration should be implemented.
Moreover, Adjudication is a process through which disputes are solved by taking help of
third party. It is very quick and easy method of solving dispute. It also involves third party
intervention who will be professional and having an experience to resolve critical social and
business problems. There is also a parallel method of alternative dispute resolution that is used to
provide justice to the parties. It is generally used in construction contracts where parties do not
get agree on it. It is a 28 days procedure which starts by giving one party a notice. In these
awards are enforced by courts. The main purpose is to prevent one party from holding cash for
specific period. The adjudicator decision last till time of completion of project. At any point of
time it can be arbitrated or litigated if not accepted. Usually, it involved cases regarding delay or
destruction of work, interim payments, etc. The decision of adjudicator is not final and can be
revisited easily. There are three types of disputes solved using adjudication. It is dispute between
private parties, public parties and public parties. The entire process of adjudication is governed
by proper rules and regulations and procedure. The decision is taken by judge, jury or
administrative tribunal. In this trier can establish new laws, if no law exists.
CONCLUSION
From the above report, it is concluded that law is system that encloses various legal
regulations that is used to resolve the disputes by parties contract is legal document that is
formulated between the parties on the basis of terms specific terms. English legal system is
framework that regulates in England and Wales, formulated by judiciary to resolve disputes and
formulation of laws. There are various sources of law such courts, judiciary tribunals and
parliament and royals etc. In Society, law has its important role in maintenance of peace and
providing justice. Laws are made by government or judiciary with aim of providing solution to
people for their disputes. Further, laws plays an important role in regulation of business activities
by organisation at domestic, national and international level. There are mainly four methods of

ADR such as mediation, conciliation, arbitration and adjudication. All these procedures involves
intervention of party which is independent but the judgement provided by third person is not
only bind for the parties in case of Arbitration and Adjudication.

REFERENCES
Online
UK: Individual disputes at the workplace – alternative disputes resolution, 2010 [Online].
Available
through:<https://www.eurofound.europa.eu/observatories/eurwork/comparative-
information/national-contributions/united-kingdom/uk-individual-disputes-at-the-
workplace-alternative-disputes-resolution>
Alternative Dispute Resolution Methods, 2015. [Online]. Available
through:<https://www.inbrief.co.uk/preparing-for-trial/alternative-dispute-resolution-
methods/>
Alternative Dispute Resolution Procedure (ADR), 2010. [Online]. Available
through:<https://www.allaboutlaw.co.uk/stage/areas-of-law/alternative-dispute-
resolution>
Alternative dispute resolution, 2015. [Online]. Available
through:<https://www.lawgazette.co.uk/legal-updates/alternative-dispute-resolution/
5047122.article>
Alternative dispute resolution, 2017. [Online]. Available
through:<https://hirealawyer.findlaw.com/choosing-the-right-lawyer/alternative-dispute-
resolution.html>
Relationship and Difference between Law and Morality, 2017. [Online]. Available
through:<http://www.politicalsciencenotes.com/articles/relationship-and-difference-
between-law-and-morality/290>
The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and
Information) Regulations, 2015Available
through:<http://www.legislation.gov.uk/uksi/2015/542/contents/made>